Focus (Forum & Focus)
Jan. 16, 2009
Letters to the Editor
Jury is still out on fairness declarations.
LETTERS TO THE EDITOR
Jeff Kichaven and Jay McCauley are spot on in arguing that courts should not invite and mediators should not submit so-called fairness declarations to courts hearing applications for approval of mediated class settlements "A Declaration of Irrelevance," Jan. 13). However, these eminent practitioners could have strengthened their argument by referring to Evidence Code Section 703.5, which makes a mediator legally incompetent,...
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